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Assembly Bill A1805

2011-2012 Legislative Session

Voids agreements exempting parties, their agents, servants or employees, from liability for damages caused by their negligence, as against public policy

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Archive: Last Bill Status - In Assembly Committee

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2011-A1805 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add ยง5-336, Gen Ob L
Versions Introduced in 2009-2010 Legislative Session:
A608

2011-A1805 (ACTIVE) - Summary

Voids agreements exempting parties, their agents, servants or employees, from liability for damages caused by their negligence, as against public policy unless state statute, federal or international law specifically provides otherwise.

2011-A1805 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1805

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M.  of  A. DINOWITZ, BOYLAND, GOTTFRIED -- read once and
  referred to the Committee on Judiciary

AN ACT to amend the general obligations  law,  in  relation  to  voiding
  exemptions from liability

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general obligations law is  amended  by  adding  a  new
section 5-336 to read as follows:
  S  5-336.  CERTAIN  EXEMPTIONS  VOID AS AGAINST PUBLIC POLICY.  EXCEPT
WHERE  STATE  STATUTE  OR  FEDERAL  OR  INTERNATIONAL  LAW  SPECIFICALLY
PROVIDES OTHERWISE, ANY PROVISION CONTAINED IN ANY COVENANT, CONTRACT OR
AGREEMENT,  THAT  PURPORTS  TO EXEMPT A PARTY FROM LIABILITY FOR DAMAGES
CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF THAT PARTY, OR ITS AGENTS,
SERVANTS OR EMPLOYEES, SHALL BE DEEMED VOID AS AGAINST PUBLIC POLICY AND
WHOLLY UNENFORCEABLE. THE UNENFORCEABILITY OF SUCH PROVISION  SHALL  NOT
AFFECT  THE VALIDITY OR ENFORCEABILITY OF OTHER PROVISIONS OF THE COVEN-
ANT, CONTRACT OR AGREEMENT  IN  WHICH  THE  UNENFORCEABLE  PROVISION  IS
CONTAINED.
  S  2.  This  act  shall  take  effect  immediately  and shall apply to
contracts entered into on or after such effective date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04368-01-1

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